





:ul^^ !W^^ ^^C^^> 








1915-16 



Iowa Fish and Game Laws 

Federal Migratory Bird 

Regulations 

AND 

The Lacey Bird Law 

(FEDERAL LA>XO 
In Fofct July 4. 1915 



State Fish and Game Warder. 

ELMER C HI N SHAW 

Spirit Lake 



1915-16 

Iowa Fish and Game Laws 
Federal Migratory Bird Regulations 

AND 

The Lacey Bird Law 

(FEDERAL LAW) 

In Force July 4, 1915 



State Fish and Game Warden 

Elmer C. Hinshaw 

Spirit Lake 

Iowa ^ 

ASSISTANT FISH AND GAME WARDENS 

Northeast District — R. T. St. John, Riceville 

Southeast District — Geo, C. Cooper, 1007 W. Eighth St., Des Moines 

Southwest District — Chas. S. Hobson, Clarinda 

Northwest District — J. E. Waterhouse, Charter Oak 

Supt. Missouri River District — W. E. Albert, Lansing 




5 






^. Of D, 



V EXPLANATION OF IOWA FISH AND 
i GAME LAWS 

I Many persons complain that they have 
difficulty in determining the real meaning of 
the law relating to fish and game, and for 
their benefit the following general statement 
is made: For convenience I have adopted a 
special section of this book for each provi- 
sion of law, but the regular order has been 
preserved, and at the close of each section 
will be found a citation to the appropriate 
Code Section and Session laws. 

It is the duty of wardens, sheriffs, consta- 
bles and other police officers to seize fish 
and game taken illegall3^ and such seizure 
may be made without warrant. Section 1 of 
this book. 

Any court having jurisdiction, may issue a 
search warrant, under which search may be 
made for fish and game illegally taken. Sec- 
tion 1. 

'l-'ish and game illegally caught shall be 
sold for payment of costs, excess, if any. to 
go to the school fund. Section 1. 

Any nets, traps, guns, or other devices 
used for taking fish and game illegally may 
be seized without warrant and destroyed 
without warrant. Section 1. 

1. Salmon and trout may be taken with 
hook and line from April 15th to October 
1st only. 

2. Bass, pike, crappies, pickerel, catfisli 
and other game fish may be taken with hook 
and line from May 15th to December 1st. 
Section 2. 

Not more than forty game fish may be 
taken by any person in one day, of which 



Seizure 
without 
warrant 



Search 
warrant 



Disposition ot 
fish and game 
seized 



Seizure of 
nets, etc. 



Season for 
fishing 



Number of 
fish which may 
be taken 
legally 



Explanation of Iowa 



Shipment of 
fish 



Trot lines 



Fish houses 



Possession of 
seine, etc., 
unlawful 



Taking fish 
near fishways 
and dams 



Size of 
fish 



Placing 
explosives in 
public waters 



Minnows 
for bait 



not more than twenty shall be bass, pike or 
pickerel. Section 2. 

Fish may be shipped, 1)Ut affidavit giving 
name of shipper and consignee ahd resi- 
dence of both, kind of fish, and that same 
are not being shipped for sale, must be made 
and filed with the common carrier. Sec- 
tion 2. 

Between May 15th and December 1st trot 
lines extending not more than half way 
across a stream, and not obstructing the free 
passage of fish, may be used. Section 2. 

No fish houses or other protection against 
the weather shall be used in fishing through 
the ice. Section 2. 

The possession of nets, traps, seines, etc., 
for the taking of fish or game is illegal. Sec- 
tion 2. 

It is unlawful to take fish within 300 feet 
of a fishway or dam by any means other 
than rod, line, hook and bait. 

Tt is illegal to kill, destro}^ have in pos- 
session, or under control for any purpose 
whatever, any bass, catfish or trout less than 
ten inches in length, wall-eyed pike or pick- 
erel less than twelve inches, crappies less 
than eight inches. Section 2. 

It is unlawful to place explosives or drugs 
in the public waters with intent to destroy 
fish. Section 3. 

Ivlinnows may be taken for bait by the use 
of a three-eighths inch mesh seine not ex- 
ceeding five yards in length, but 1)y minnow.'- 
is not meant the young of bass, pike, crap- 
pies, trout, salmon, or the fry of any game 
fish. Nets smaller than one-quarter incli 
inesh will be seized and destroyed. Sec- 
tion 4, 



Fish and Game Laws - 

^ No person shall use more than two lines Number cf 
' ^ lines 

^ with one hook upon each, except that a trot 

j line may be used as hereinbefore explained. 
J and except also that in trolling a spoonhook 
,' consisting of three hooks fastened together 
_ ,may be so used. Any hook and bait or com- 
bination of hooks intending to catch but one 
, fish at a time may be used. Section 5. 

j It is illegal to knowingly have in posses- Buying or 

■ r , , selling fiph 

sion tor sale, transportation, or any other unlawfully 

, purpose, any fish unlawfully take,n. Sec- ^^^®" 

; tion 6. 

The violation of any of the provisions Penalty 

I hereinbefore explained, is punishable by a 

j fine of not less than five dollars nor more 
than fifty dollars and cost of prosecution for 
each fish, or imprisonment in the county jail 
for not less than one day nor more than 
thirty days for each fish. Section 7. 

Any person may raise fish upon or within Private 

! his own premises if same are not stocked ^ ^"^ 
through any inlet or outlet, and fish so 
raised are the private property of the owner, 
with full right to use same as he may desire. 

I Persons taking fish so raised without the 

i owner's consent, are liable to the same pun- 

j ishment as above specified. Section 8. 

The warden is given authority to remove Pish and game 
' , . ^ , , ,. ,. , warden may 

[ fish from an}^ of the public waters ot the take fish for 

; state, either for stocking other waters or for ^ur?Sfes^°" 

i exchange with other wardens. Section 9. 

Under certain conditions the warden may Warden may 

authorize the taking of buffalo, carp, quill- permits to 

backs, red horse, suckers and gar by the use ^^^e certain 

of a seine. 

Under conditions too lengthy to here spec- Fishing in 

iiy, licenses may be issued by the fish and waters 

game warden for seining fish in the bound- 



Explanation of Iowa 



Dams must 
have 

fishways 



Condemning 
property for 
fish dams 



Penalty for 
destroying 
s)ich dam 



Season for 
taking game 
birds and 
animals 



ary rivers of the state. Any person inter- 
ested in so taking fish in said boundary riv- 
ers should examine these provisions of the 
law carefully. See sections 10, 11, 12, 13, 14 
and 15 of this book. 

It is unlawful to erect a dam across any 
river, stream, or other waters of the state 
without providing same with fishway in ac- 
cordance with plans and specifications fur- 
nished by fish and game warden. 

Any person violating the provisions of 
this section may be punished by a fine of 
not more than one hundred dollars or im- 
prisonment in the county jail for not less 
than fifteen nor more than thirty days. Sec- 
tion 16. 

Cities and towns bounded in whole or in 
part by any lake, may construct and main- 
tain at the inlet or outlet thereof, a dam to 
obstruct the passage of fish. A petition 
signed by a majority of the resident tax 
payers is required in order to purchase or 
condemn a site for said dam. The Board of 
Supervisors of any county in which such a 
lake is situated is given the same authority. 
Section 17. 

Any person wilfully destroying or injur- 
ing a dam so erected, may be fined not less 
than one hundred dollars nor more than five 
Iiundred dollars, or be imprisoned not less 
than thirty days nor more than one hundred 
days. Section 18. 

1. Native grouse and prairie chickens 
may be taken from September 1st to Decern-, 
ber 1st. Section 19. 

2. Woodcock may be taken from July 
10th to January 1st. Section 19. 

.V Ruffed grouse, pheasants, wild turkey 



Fish and Game Laws 



and quail may be taken from November 1st 
to December 15th. Section 19. 

4. Wild ducks, geese, brant, rail, plover, 
sandpipers and marsh or beach birds may 
be taken from September 1st to April 15th. 
Section 19. 

5. Gray fox, or timber squirrels may be 
taken from September 1st to January 1st. 
Section 19. 

6. Beaver, mink, otter and muskrat may 
be taken from December 1st to April 1st. 
Section 22. 

Tt IS unlawful to shoot or kill quail on any 
public highway. Section 19. 

None of the birds or animals herein de- 
scribed, may be killed from any artificial 
ambush, or from any sailboat, gasoline or 
electric launch or steamboat, or any other 
water conveyance, except as propelled by 
oar or paddle. Section 19. 

No device for concealment on the open 
waters, or artificial light, battery, or decep- 
tion may be used in taking game, except that 
decoys are permitted in hunting wild ducks 
and geese. Section 19. 

No person shall at any time hunt and 
shoot from any boat, canoe, conveyance, or 
device whatever, on any waters of the state, 
between sunset and sunrise. Section 19. 

A violation of the foregoing provision is 
punishable by a fine of not less than twenty- 
five dollars nor more than one hundred dol- 
lars, with imprisonment for thirty days un- 
less fine and costs are paid. Section 19. 

It is unlawful for any person except the 
owner to kill, capture or injure any deer, elk, 
or goat, except when distrained. Section 20. 

Penalty for violating the foregoing pro- 



Killing quail 
on public 
highways 

Killing game 
birds or 
animals from 
r.mbush 



Devices for 
concealment, 
artificial 
light, etc. 



Shooting 
between 
sunset and 
sunrise 
prohibited 



Penalty 



Deer, elk 
and goats 
protected 



Penalty 



Number 
which may be 
killed 



Snaring and 
trapping 
game and 
destroying 
nets 



Sale of 
game birds 
prohibited 



Shipping 
game birds or 
animals within 
or out of 
the State 



Explanation of Iowa 

vision shall be a fine of not more than one 
hundred dollars or imprisonment not to ex- 
ceed thirty days, or both. Section 20. 

The warden is given authority to kill or 
capture any deer now running at large in 
this State, and he may distribute same. 

The expense of capture and distribution 
to be paid by the person to whom distrib- 
uted. Section 61. 

No person shall kill more than eight 
prairie chickens in one day or have more 
than sixteen in possession, or kill more than 
fifteen quail in one day or have more than 
twenty- five in possession. All other game 
or animals you may kill twenty-five each 
day and have twenty-five in possession, ex- 
cept ducks, of which fifty in possession is 
legal. Section 21. 

The law prohibits catching any of the 
game herein referred to with traps, snares, 
or nets, and it is made unlawful to destroy 
the eggs or nests of any of the birds herein 
referred to. Section 21. 

It is made unlawful for any person to 
either buy or sell, whether dead or alive, 
any of the birds, animals or game herein 
referred to. and having any such in posses- 
sion is prohibited except during the first 
five days of the closed season. This does 
not apply to birds raised in captivity and 
where owner has paid license fee of $2.00 
per year. Sections 21 and 23. 

It is illegal to ship any of the birds or 
animals herein referred to out of the state, 
and in shipping from one point to another 
in the state, certain conditions are pre- 
scribed which must be carefully complied 
with, and any person shipping should care- 



Fish and Game Laws 



fully examine the law relating thereto. Sec- 
tions 24, 25, and 26. 

Only such guns as are commonly shot 
from the shoulder may be used in killing 
game, and the use of medicated or poisoned 
food is prohibited, with severe punishment. 
Section 27. 

It is necessary to obtain permission from 
the owner, occupant or agent of land before 
hunting thereon, and without such permis- 
sion a tine of not more than ten dollars 
and costs may lie imposed. l)Ut such pro- 
ceedings can be brought only upon com- 
plaint of the owner, occupant or agent of 
the cultivated or enclosed lands. Section 29. 

The following are dehned as game birds: 
Swan, geese, brant, river and sea ducks, 
rails, coots, mud hens, gallinules. shore 
birds, plover, surf Idrds. snipe, woodcock. 
sandpiper>. tattlers, curlews, wild turkeys, 
grouse, prairie cliickens. pheasants, part- 
ridges and quails. All other birds, whether 
resident or migratory, are placed in the non- 
game bird class, and hence cannot be killed 
at any season of the year (Sec. 31), except 
that the house sparrow, great horned owl. 
sharp shinned hawk, cooper's hawk, black - 
biids and crows are not protected by law at 
any season. Section Z7 . 

It is made illegal to destroy the eggs or 
nescs of any wild birds except sparrows, 
crows, Idackbirds, hawks and owls. Sec- 
tions Z2 and 34. 

Individuals and common carriers are pro- 
hibited from shipment of non-game birds, 
except as the game warden may give au- 
thority therefor for scientihc purposes. Sec- 
tion 33. 



What guns 
may be 
lawfully 
used 



Hunting 
upon 

cultivated or 
enclosed 
lands 



What are 
game birds 



Destroying 
nests and es[gs 
of wild birds 
prohibited 



Shipment of 
non-game 
birds 
prohibited 



U) 



Hunters' 
license law 



Application 
blanks for 
licenses 



Non-resident 
license 
holders' 
privileges 



When licenses 
expire 



Rights upon 
one's ov/n 
premises 



Revocation of 
licenses 



Duty te 
exhibit 
licenses 



Explanation of Iowa 

Hunting- is made illegal without first pro- 
curing a license therefor, and no license may 
be granted to any person under eighteen 
years of age without the written consent of 
the parents or guardians. Sections 44-45. 

Application blanks are furnished by the 
state fish and game warden to the county 
auditors of the state, and may be there ob- 
tained. 

Citizen's license costs one dollar per year, 
non-resident or alien license costs ten dol- 
lars a year. Any person not a citizen of 
the United States must secure an alien li- 
cense. Sections 46-47. 

.A. non-resident license holder may take 
with him from the state not to exceed 
twenty-five game birds or animals, nor shall 
he take with him from the state more than 
sixteen prairie chickens, and all birds and 
animals must be so carried as to be readily 
inspected, and he must show his license 
upon request. Section 48. 

All licenses expire on the first day of 
July next succeeding their issuance, Section 
51. 

Owners and tenants may hunt upon their 
own premises without obtaining a license 
therefor, but must obtain a license if they 
hunt beyond their own premises. Section 51. 
A hunter's license cannot be transferred, 
and if in the possession of any person other 
than the person to whom issued, may be re- 
voked, and if any person hunt upon an- 
other's enclosed or cultivated fields without 
periiiission, his license may be revoked. 
Section 52. 

It is made the duty of any person in pos- 
session of a gun, in the fields or forests or 



Fish and Game Laws 



11 



upon the waters of the state, to exhibit lii< 
license when demanded, by any person 
Section 53. 

It is made unlawful to use or keep live 
birds for target purposes. Section 56. 

It is made unlawful to take Hungarian 
partridges or Mongolian. Ring Neck. Eng- 
lish or Chinese pheasants prior to the tirsi 
day of October, 1917. Section 57. 

THE UNITED STATES LAW AND 

REGULATIONS RELATING TO 

MIGRATORY BIRDS 

Inasmuch as this book is published for 
use covering a two-year period we do not 
deem it advisable to print the full regula- 
tions at this time, as without doubt the rul- 
ings will be changed within a short time. 
Therefore, we give the important ruling? 
covering the State of Iowa at this tme. 

Open season, all migratory game birds. 
September 1st to December 16th. None of 
the following birds may be killed before Sep- 
tember 1, 1918: 

Band tailed pigeon, little brown, sandhill 
and whooping cranes, swans, curlew, wood 
ducks and all shore birds except the black 
breasted and golden plover, Wilson or jack- 
snipe, woodcock, and the greater and lesser 
yellowlegs. 

Shooting on the Mississippi and Missouri 
rivers is prohibited. 

Shooting migratory birds after sunset or 
before sunrise prohibited. 



Using birds 
for taxget 

Pheasant! 
protected 



Warden 
Compensation 
Duties 
Expenses 



Seizure 
■without 
warrant 



FISH AND GAME LAWS 
Section 1. Warden — Compensation — Du- 
ties — Seizure without Warrant — Sale. There 
is hereby created the office of State hsh and 
game warden. The warden shall be ap- 
pointed l)y the Governor, and holds his of- 
iice for three years from the first day of 
Apr-l of the year of his appointment. He 
shall receive a salary of two thousand two 
hundred ($2,200) dollars annually, together 
with his necessary traveling, contingent and 
office expenses, to be paid out of moneys 
collected under the provisions of chapter 
one hundred fifty-four (154), acts of the 
thirty-third general asseml)ly. He shall have 
charge and management of the State fish 
hatcheries, which shall be used in stocking 
the waters of the State with fish native to 
the country and to the extent of the means 
provided by the State. He shall impartially 
and equitably distribute all fry raised by or 
furnished to the State, or for it through 
other sources, in the streams and lakes of 
the State; shall faithfully and impartially 
enforce obedience of the provisions of this 
chapter, and shall make a biennial report to 
the Governor of his doings, together with 
such information upon the subject of the 
culture of fish and the protection of game 
in the country as he may think proper, ac- 
companied with an itemized statement 
monthly to the executive council under oath 
of all moneys expended and for what pur- 
pose, and of the number and varieties of 
fish distributed, and in what waters. It 
shall be the duty of the fish and game war- 
den, sheriffs, constables, and police officers 
of this State to seize and take possession of 
any fish, birds or animals which have been 
caught, taken or killed at a time, in a man- 
ner or for a purpose, or had m possession or 



Iowa Fish and Game Laws 



13 



under control, or have been shipped con- 
trary to the provisions of this chapter. Such 
seizure may be made without a warrant. 
Any court having jurisdiction of the of- 
fense, upon receiving proof of probable 
cause for believing in the concealment of 
any fish, birds or animals, caught, taken, 
killed, had in possession, under control, or 
shipped contrary to any of the provisions of 
this chapter, shall issue a search warrant and 
cause a search to 1)e made in any place 
therefor. An}^ fish, birds or animals so 
found shall be sold for the purpose of pay- 
ing the costs in the case, and the amount, if 
any, in excess of the costs shall be turned 
into the school fund of the county in which 
the seizure is made. Any net, seine, trap, 
contrivance, material and substance what- 
ever, while in use or had and maintained 
for the purpose of catching, taking, killing, 
trapping, or deceiving any fish, birds, or 
p.nimals contrary to any of the provisions of 
this chapter is hereby declared to be, and is. 
a public nuisance, and it shall be the duty of 
the fish and game warden, sheriffs, consta- 
bles and police ofticers of the State, without 
warrant or process, to take or seize any 
and all of the same and aliate and sell or 
destroy any and all of the same, without 
warrant or process, and no liability shall be 
incurred to the owner or any other person 
for such seizure and destruction, and said 
warden or his regularly constituted deputies 
or other ])eace officers as hereinbefore 
named shall be released from all liability to 
any person or persons whomsoever for any 
act done or committed or property seized or 
destroved under or bv virtue of this section. 



Disposition 
of fish, birds 
or animals 
seized 



Nets or other 
devices public 

nuisance 



No liability 
of warden or 
deputy 



14 



Iowa Fish and Game Laws 



Open and 
closed season 

for 
fishing 



Number 
caught 



Unlawful to 
ship game 
fish for sale 



Shipping of 
game fish 
Aflfidavit 
made 



Code Sec. 2539. (29 G. A., ch. 103, Sec. 1; 
23 G. A., ch. 34, Sec. 12; 17 G. A, ch. 80, 
Sees. I, 4; 35 G. A., 203, Sec. 2; 33 G. A., ch. 
152; 34 G. A., ch. 116.) [36 G. A., Sec. 2539.] 
Sec. 2. Fishing— What permitted. Be- 
tween the first day of October and April 
15th. no one shall take from the waters df 
the State any sahnon or trout, nor between 
the first day of December and the fifteenth 
day of May any bass, pike, crappies, pick- 
eral (pickerel), catfish or other game fish, 
nor shall any one person take any of said 
fish from the waters of the State in any one 
day more than forty (40) of any or all of 
said kinds of fish, of which total number not 
more than twenty shall be bass, pike or 
pickerel. It shall be unlawful for any per- 
son, firm or corporation to offer for trans- 
portation or to transport to any place within 
or without this State for purposes of sale, 
any game fish taken from the inland waters 
of the State. Any person, firm or corpora- 
tion desiring the shipment or transportation 
of any game fish, shall deliver to the com- 
mon carrier, express or transportation com- 
pany a statement under oath in duplicate, 
setting forth the name of the shipper, the 
person to whom the package is shipped, the 
residence of both, the kind and number of 
tish contained in such package, and that the 
fish contained in such package are not being 
shipped for the purpose of sale or market, 
and one copy thereof shall be retained by 
the common carrier, express or transporta- 
tion company receiving such shipment for 
the period of twelve months thereafter, and 
the other copy thereof shall be attached in 
a secure manner to such package. Any 



Iowa Fish and Game Laws 



15 



agent of any common carrier, express or 
transportation company receiving such 
shipment is hereby authorized to administer 
to such shipper the oath contemplated in the 
last preceding paragraph. Any shipment 
made in violation of the provisions of this 
act may be seized, confiscated and sold by 
any game warden in the state at private or 
public sale; the proceeds thereof to be 
turned into the fish and game protection 
fund, or such shipment may be by such 
warden destroyed. Nor shall anyone fish 
for or by any means catch any fish in any 
stream, which has been stocked with breed- 
ing trout, one or two years old, within one 
year from the date of the stocking thereof; 
if notice of such fact is by the authority of 
the warden posted where a public road 
crosses such stream; nor shall anyone at any 
time take from the waters of the State any 
fish, except minnows for bait, unless by 
hook and line; but any person may, between 
the fifteenth day of May and the first day 
of December use not more than one trot line 
in streams only, and extending not more 
than half way across, npr shall anyone place. 
erect, or cause to be placed or erected, any 
trot line, seine, net, trap, dam or other de- 
vice or contrivance in the water in such 
manner as to hinder or obstruct the free 
passage of fish, up, down, or through the 
same for the purpose of catching them, ex- 
cept as provided in the next section; nor 
have, erect, or use, while fishing on or 
through the ice, any house, shed or other 
protection against the weather, or have or 
use any stove or other means for creating 
artificial heat. The possession of a spear, 



Unlawful 
shipments 
seized 



Stocked 
stream 



Hook and line 
only 



Trot line 



obstructing 
the passage 
offish 



Fishing 
through 
ice 



]6 



Iowa Fish and Game Laws 



Spear or 
other 
devices 
unlawful 

Taking fish 

near 

fishway 



Small fish 
Placing 
explosives 
in the public 
waters of the 
State 



trap. net. or seine or the taking or killing 
or attempting to take or kill any fish by any 
means other than by rod, line, hook and 
bait within three hundred (300) feet of a 
hshway or dam shall be unlawful, but the 
provisions of this section shall not prevent 
the taking of carp, sucker, red horse or buf- 
falo by use of a spear from the lakes, 
sloughs, bayous and waters on the bottom 
lands and islands of the Mississippi river. 
And it shall be lawful for the State fish 
and game warden, or any of his deputies or 
assistants to seize without warrant and sell 
or destroy any such trap, net or seine wher- 
ever found. No person shall, at any time, 
kill, destroy, have in possession or under 
control, for any purpose whatever, any bass, 
cattish, or trout less than ten inches in 
length, or au}^ wall-eyed pike, or pickerel 
less than twelve inches in length, or any 
crappie, less than eight inches in length, ex- 
cept for the purpose of returning the 
same to the water from which they 
were taken, as soon as they are taken 
therefrom, with as little injury to the lish 
as possible. [36 G. A. (S. F. 447. Sec. 1.)] 
(36 G. A., Sec. 2540.) [36 G. A. (S. F. 40. 
Sec l.)l (35 G. A., ch. 205, Sec. 1.) (35 G. 
A., ch. 204, Sec. 1.) (33 G. A., ch. 153, Sec. 
1.) (30 G. A., ch. 93.) (30 G. A., ch. 92, 
Sees. 1, 2.) (29 G. A., ch. 103, Sees. 2. 4.) 
{21 G. A., ch. 64. Sees. 2. 4.) (26 G. A., ch. 
80. Sec. 1.) (25 G. A., ch. 65.) (23 G. A., 
ch. 34. Sees. 2, 3, 6. 7.) (17 G. A., ch. 80, 
Sees. 5, 6.) (16 G. A., ch. 70, Sec. 6.) 

Sec. 3. Explosives — Drugs — Penalty. It 
shall be unlawful for anyone to place in the 
waters of the State any lime, ashes or drug 
of any kind or other substance, explode dy- 
namite,, guncotton, giant powder or other 



Iowa Fish and Game Laws 

compound or preparation, or use electricity 
in any way with the intent to kill or so to 
affect any fish that it may be taken and 
anyone guilty of any of said acts shall be 
guilty of a misdemeanor, and upon convic- 
tion thereof, be lined not less than fifty 
($50.00) dollars or more than one hundred 
($100.00) dollars or imprisoned in the county 
jail not less than fifteen nor more than 
thirty days. (29 G. A., ch. 103, Sec. 5; 33 
G. A., ch. 153, Sec. 2.) Minnows for Bait. 
(36 G. A., Sec. 2540A.) 

Sec. 4. Minnows for bait. In takmg min- fj^"°''' ^''' 
nows for bait, a three-eighths inch mesh 
seine not exceeding five yards in length may 
be used, and if any of the fish enumerated in 
the preceding section shall be taken, they 
shall at once be restored unharmed to the 
water whence taken, and the word "min- 
nows" as used in this chapter does not in- 
clude young bass, pike, crappies, trout, sal- 
mon, or fry of any game fish, native or 
otherwise. Section 2541. (23 G. A., ch. 34, 
Sec. 2.) 

Sec. 5. Two lines. No person shall use .^^^ °"ly 

^ lawful way 

more than two hnes, with one hook upon to fish 

each line, in still fishing or otherwise, ex- 
cept that a trot line as above provided, or in 
trolling a spoonhook composed of three 
hooks fastened together may be used. Sec- 
tion 2542. (26 G. A., ch. 80, Sec. 2.) 

Sec. 6. Buying or selling. No person ^ish 
r 11 1 • 1 u 11 i^ r ,1 unlawfully 

shall knowingly buy, sell, oiter for sale, have taken 

in possession for sale or transportation, or 
for any other use or purpose, any fish un- 
lawfully taken under the provisions of this 
chapter. Section 2543. (23 G. A., ch. 34, 

Sec. 4.) 



18 



Iowa Fish and Game Laws 



Penalty 



Owners of 

private 

waters 



Warden may 
take from the 
public waters 
of the State 
fish for 
propagation 
or other 
purposes 



Sec. 7. Penalty. Any person, firm or 
corporation who shall violate any of the 
provisions of section twenty-five hundred 
forty (2540) of the supplement to the code, 
1907. as herein amended, or twenty-five hun- 
dred forty-one (2541), twenty-five hundred 
forty-two (2542), or twenty-five hundred 
forty-three (2543) of the code, shall be 
guilty of a misdemeanor, and, upon convic- 
tion, shall pay a fine of not less than five 
nor more than fifty dollars and cost of 
prosecution for each offense, or be impris- 
oned in the county jail for not less than 
one day nor more than thirty days, and the 
taking of each fish in violation of law shall 
be construed to be a separate offense. Sec- 
tion 2544, 36 G. A. 

Sec. 8. Private fishing. Persons who raise 
or propagate fish upon their own premises, 
or who own premises on which there are 
waters having no natural inlet or outlet 
through which such waters may become 
stocked or replenished with fish, are the 
owners of the fish therein and may take 
them as they see fit, or permit the same to 
be done. Any person taking said fish with- 
without the consent of such owner shall 
be guilty of a misdemeanor, and be prose- 
cuted and punished as provided in the pre- 
ceding section, and such owner may recover 
three times the value thereof from the per- 
son so taking them. Section 2545. (23 G. A., 
ch. 34, Sec. 10; 16 G. A., ch. 70, Sec. 4.) 

Sec. 9. Taking by warden — written per- 
mits. The warden may take from any of 
the public waters of the State, at any time 
and in any manner, any fish for the purpose 
of propagating or restocking other waters. 



Iowa Fish and Game Laws 



19 



or exchanging with fish commissioners or 
wardens of other States or of the United 
States; provided, further, that the warden 
ma3% upon proper application in writing, 
made upon blanks furnished by said warden, 
issue to whomsoever he may see fit, written 
permits, upon blank forms to be furnished b}'^ 
said warden, suspending for a specified period 
specified portions of this chapter relating to 
fishing, and authorizing the person to whom 
said permit is issued, to take from certain 
designated lakes of the State, having an area 
of not less than two (2) square miles, buf- 
falo, carp, quill-backs, red-horse, suckers 
and gar, as in said permit named, in any 
quantities and for all purposes, provided, 
however, that no such permit holder shall 
be authorized to exercise the rights granted" 
in said permit except in the presence and 
under the supervision of the warden or one 
or more of his regularly constituted depu- 
ties, without expense to the State, and pro- 
vided that seining shall not be permitted be- 
tween the first day of December and the 
fifteenth day of June. Section 2546. (29 
G. A., ch. 103, Sec. 6; 23 G. A., ch. 34, Sec. 2; 
30 G. A., ch. 94, Sec. 1.) 

Sec. 10. Rivers excepted — dams. Except 
as otherwise expressly stated, nothing 
herein contained shall be held to apply to 
fishing in the Mississippi or Missouri rivers, 
nor to so much of the Des Moines river as 
forms the boundary line between this State 
and Missouri, nor to forbid the erection of 
dams across the waters of the State for man- 
ufacturing or other lawful purposes, subject 
to the provisions of the following section. 
Section 2547. A 1. 



Warden may 
issue permits 
to take from 
certain lakes 
certain fish 



Fishing with 
hook and line 
does not 
requir'e 
license 



20 



Iowa Fish and Game Laws 



The only 
lawful way to 
fish in the 
Des Moines 
and Big Sioux 
Bivori 



Iiicense 
required to 
use nets and 
seines in the 
Mississippi or 
Missouri 
rivers 



Non-resident 
must give 
bond 



Sec. 11. It shall be unlawful for any per- 
son to take from the waters of that part 
of the Des Moines river forming a part of 
the boundary between this State and Mis- 
souri, or from the waters of the Big Sioux 
river within the jurisdiction of this State, 
any fish with net, seine, trap, contrivance, 
material or substance whatsoever except by 
rod, line, hook and bait; but nothing herein 
shall be construed as prohibiting the use of 
trot lines or set lines in the taking of fish 
from the waters of the Big Sioux river or 
the waters of that part of the Des Moines 
river which forms a part of the boundary 
between the State of Iowa and the State of 
Missouri, between the same dates and sub- 
jecc to the same restrictions relative to the 
use of trot line in the interior streams of the 
State as the same appear in section twenty- 
five hundred forty, supplement to the code, 
1913. It shall be unlawful for any person 
to take from the Mississippi or Missouri 
rivers within the jurisdiction of this vState 
any fish with nets or seines without first 
procuring from the State fish and game 
warden an annual license for the use of such 
nets and seines. Before any such license 
shall be issued to a non-resident of the State 
of Iowa, the applicant shall execute and de- 
liver to the fish and game warden a bond 
running to the State of Iowa in the penal 
sum of $200.00 with two sureties who shall 
each justify in the sum of $200.00 in prop- 
erty in this State over and above all debts 
and liabilities, and property exempt by law i 
from sale on execution. In lieu of such 
bond such licensee may make a cash deposit; 
of $200.00 or provide bond of any surety] 



Iowa Fish and Game Laws 



21 



company authorized to do business in this 
State. Such bond shall be conditioned that 
if the applicant shall well and faithfully 
observe and comply with all the require- 
ments of this act and the rules and regula- 
tions which are or may be hereafter pre- 
scribed by law, such application to be null 
and void, otherwise to remain in full force 
and effect. The fee charged for such license 
shall be as follows : For each 500 lineal feet of 
seine, or fraction thereof, ten ($10.00) dol- 
lars; for each pound net having more than 
100 feet lead on each side, four ($4.00) dol- 
lars; for each pound net having less than 
100 feet lead on each side, one ($1.00) dollar: 
for each bait net, dip net, hoop net. and fyke 
net, fifty (50) cents; for each three hundred 
(300) lineal feet of trammel net used for 
floating fishing, five dollars ($5.00). 

All licenses shall expire on the first day 
of March following their issuance. The 
State fish and game warden shall furnish to 
each licensee at an expense not to exceed 
ten (10) cents each, a metal tag, numbered 
and stamped so as to show year of issuance 
and for v/hat issued, for each net, and each 
five hundred (500) feet, or fraction thereof, 
of seine; and it shall be unlawful to use any 
seine or net in the waters specified in this 
section without having a tag thus procured 
attached thereto; provided, that no seine or 
net with less than two and one-half (2^4) 
inch mesh, stretch measure, shall be licensed 
or used for fishing under this act. Section 
2547. A. 36 G. A. 

Sec. 12. The funds received for such 
license and sale of tags shall be expended 
by the State fish and game warden for the 



Nets and 
seines that 
will be 
licensed 



License 
expires first 
day of March 
following 
issuance 



Metal tag 
must he 
fastened on 
each seine 
and net 



22 

License funds 
to be used for 
maintenance of 
fish and game 

department 

and for 

preservation 

of food 

fishes 



Fish and size 
of fish that 
can be taken 
under license 



Food fishes 
must not be 
injured or 
destroyed 



Iowa Fish and Game Laws 

maintenance of his department and meeting 
the expenses thereof, and so far as same are 
available, he shal\ expend same in the pres- 
ervation of food hshes in the waters de- 
scribed in section tw^o (2) hereof by remov- 
ing young fish from dead or cutoff waters 
to the live waters adjacent thereto. And 
where practicable, cleaning the channel from 
said dead and cutoff waters so that young 
fish can escape therefrom. 

He shall render an itemized account of all 
such funds in each biennial report. Section 
2547. A 3. 

Sec. 13. It shall be unlawful for any per- 
son to take from the waters described in sec- 
tion two (2) of this act, except by hook and 
line and spear, any of the following fish in 
lengths less than as follows, to-wt: Carp, 
fifteen inches; buffalo, fifteen inches; black 
bass, eleven inches; striped or white bass, 
eight inches; pike, fifteen inches; pickerel, 
eighteen inches; catfish, thirteen inches; 
crappies, eight inches; and the following fish 
weighing less than as follows, to-wit: sand 
sturgeon, one pound; rock sturgeon, three 
pounds; and no pike, bass or crappies be- 
tween and including March 31st and June 
1st of each year. Section 2547. A 4. 

Sec. 14. It shall be unlawful for any per- 
son to take from the waters described in 
section two (2) of this act, by seine or net, 
any food fishes and cause or permit same to 
perish or be destroyed, or to remove such 
fish within such water so as to cause same 
to be destroyed or to perish, and any person, 
taking any food fishes from such waters 
who does not make use of same shall im 



Iowa Fish and Game Laws 



23 



mediate]}' return same to such waters with- 
out injury. Section 2547. A 5. 

Sec. 15. Any person violating any of the 
provisions of this act shall be deemed guilty 
of a misdemeanor and be punished by im- 
prisonment in the county jail for a period 
of not exceeding thirty (30) days or by a 
tine not exceeding one hundred ($100.00) dol- 
lars. Section 2547. A 6. {23 G. A., ch. 34, 
Sec. 11; 18 G. A., ch. 92: 16 G. A., ch. 70, Sec. 
10.) (29 G. A., ch. 104, Sec. 1.) (33 G. A., 
ch. 155.) (34 G. A., ch. 117.) 

Sec. 16. Fishways. No dam or obstruc- 
tion across any river, stream or other waters 
of this State shall be erected or maintained 
which is not provided with a hshway con- 
structed in accordance with plans and speci- 
lications prepared and furnished by the tish 
and game warden for such dam. Any dam 
or obstruction which is not so constructed 
is a public nuisance, and may be abated ac- 
cordingl}'. A violation of this section is a 
misdemeanor, and in addition to the remedy 
in this section provided, the ofifender may be 
punished by a tine of not less than one hun- 
dred dollars or imprisonment in the county' 
jail not less than fifteen days nor more than 
thirty days. Section 2548. 36 G. A. 

Sec. 17. Fish dams — Condemning prop- 
erty for. Any city or town, bounded in 
whole or in part by any meandered lake or 
chain of lakes, or the board of supervisors 
of the county in which such waters are situ- 
ated, may construct and maintain across the 
outlet or inlet thereof a dam to ol^struct the 
passage of fish, the same to be of earth, 
masonry or other material to the natural 
and ordinary level of the lake, above and 



Penalty 



All dams must 
have fishways 



Rights of 
citizens to 
condemn 
property for 
fish dams in 
lakes situated 
adjoining any 
city or town 



24 



Iowa Fish and Game Laws 



Penalty for 
destroying any 
dam erected 
by any city or 

tC'ATi 



Open and 
closed season 
for game 
birds and 
animals 



across the entire width to be an open net- 
work of bars or wire with the necessary 
supports, so arranged as to prevent as far 
as may be, the escape of fish. For this pur- 
pose, upon a petition of a majority of the 
resident taxpayers of any city or town, so 
much land as is situated within the cor- 
porate limits as may be necessary ma}^ be 
purchased or condemned in the same man- 
ner provided for the appropriation of pri- 
vate property for streets and other munic- 
ipal uses, and paid for out of the general 
fund. Section 2549. (24 G. A., ch. 46; 22 
G. A., ch. 108; 21 G. A., ch. 63, Sees. 1, 2.) 

Sec. 18. Penalty for injuring or destroy- 
ing. Whosoever shall wilfully injure or 
destroy such dam so erected or maintained 
shall be guilty of a misdemeanor, and, upon 
conviction, shall pay a fine of not less than 
one hundred nor more than five hundred 
dollars, or be imprisoned in the county jail 
not less than thirty nor more than one hun- 
dred days, and pay the costs of prosecution. 
Section 2550. (21 G. A., ch. 63, Sec. 3.) 

Sec.' 19. Game protected. No person shall 
trap, shoot, or kill any pinnated grouse or I 
prairie chicken between the first daj^ of De-| 
cember and the first day of September next 
following; any woodcock, between the first 
day of January and the tenth day of July; 
any ruffed grouse or pheasant, wild turkey 
or quail, between the fifteenth day of De- 
cember and the first day of November; any 
wild duck, goose or brant, rail, plover, sand 
piper and marsh or beach bird, between the 
fifteenth day of April and the first day of 
September; or any gray or fox squirrel or 
timber squirrel between the first day of: 



Iowa Fish and Game Laws 



January and the first day of September. 
Shooting or killing quail on the public high- 
way shall be in violation of the law. No 
person shall kill or attempt to kill any of 
the birds mentioned in this section from any 
artificial ambush of any kind or with the aid 
or use of any sneakboat or sink box, or from 
any sail boat, gasoline or electric launch or 
steamboat, or any other water conveyance, 
except as propelled by oar or paddle, or 
other device used for concealment in the 
open water, nor use any artificial light, bat- 
tery or other deception, contrivance or de- 
vice whatever with the intent to attract or 
deceive any of the birds mentioned in this 
chapter, except that decoys may be used in 
hunting wild geese and ducks, but no per- 
son shall at any time hunt or shoot from any 
boat, canoe, contrivance or device whatever 
on any of the waters of this State between 
sunset and sunrise. Any person violating 
any of the provisions of this section shall be 
held guilty of a misdemeanor and punished 
as provided for in section twenty-five hun- 
dred fifty-six (2556) of the supplement to 
the code, 1907, and in addition thereto for 
use of any ambush, sink box, sneakboat or 
other water conveyance, prohibited by law, 
on the waters of this State, a fine of not less 
than twenty-five dollars, nor more than one 
hundred dollars, and shall stand committed 
to the county jail for thirty days unless such 
fine and costs are paid. Section 2551. (20 
G. A., ch. 67; 18 G. A., ch. 193; 17 G. A., ch. 
156, Sec. 2; 30 G. A., ch. 92, Sec. 3; 33 G. A., 
ch. 153, Sec. 4); 27 G. A., ch. 66, Sec. 1; 29 
G. A., ch. 103, Sec. 7; 36 G. A., Sec. 2551. 
Sec. 20. It shall be unlawful for any per- 



Killing quail 
on public 
highway 
unlawful 



Killing game 
birds or 
animals from 
unlawful 
devices 



Shooting 
between 
sunset and 
sunrise 

unlawful upon 
public 

waters of the 
State 
Penalty 



26 



Iowa Fish and Game Laws 



Deer, elk, and 
goat protected 



Penalty 



Unlawful to 
kill for 
traffic 



Limit, 25 
game birds or 
animals in any 
one day 



Unlawful to 
have in 
possession 
more than 25 
of said named 
birds or 
animals 
except ducks 



Unlawful to 
destroy eggs 
or nests 



Penalty 



son other than the owner, or person author- 
ized by the owner, to kill, maim, trap, or in 
any way injure or capture any deer, elk, or 
i^oat, except when destrained as provided by 
law. Any person violating the provisions of 
this act shall be deemed guilty of a mis- 
demeanor and be punished by imprisonment 
in the county jail for a period not exceeding 
thirty (30) days or by a fine not exceeding- 
one hundred ($100) dollars, or by both such 
fine and imprisonment. Section 2551A & B. 
(27 G. A., ch. 65; 34 G. A., ch. 118.) 

Sec. 21. Killing for traffic. No person 
shall at any time or at any place within this 
State, trap, shoot or kill for traffic any of the 
birds, animals or game named in this chap- 
ter, nor shall any person shoot or kill more 
than eight prairie chickens, fifteen quails or 
twenty-five of the other birds or animals 
mentioned in this chapter in any one day, 
of any kind of said named animals, birds or 
game, nor shall any one person, firm or cor- 
poration have more than sixteen prairie 
chickens or twenty-five of either kind of said 
named birds or game named in this chapter 
in his or their possession at any time unless 
lawfully received for transportation, pro- 
vided, however, the limit of ducks in posses- 
sion is hereby made fifty. Nor shall any 
person capture or take, or attempt to catch 
or take, with any trap, snare or net any of 
the birds or animals named in the preceding 
sertions; or in any manner wilfully destroy 
the eggs or nest of any of the birds named 
in this chapter. Any person, firm or cor- 
poration violating any of the provisions of 
this section shall be held to be guilty of a 
misdemeanor and punished as provided for 



Iowa Fish and Game Laws 27 

in section twenty-five hundred fifty-six 
(2556) of the supplement to the code, 1907. 
Section 2552. (33 G. A., ch. 153, Sec. 5.) 
Z6 G. A., Sec. 2552. 

Sec. 22. Trapping. It shall be unlawful Trapping 
for any person to kill, trap or ensnare any 
beaver, mink, otter or muskrat between the 
first day of April and the first day of De- 
cember, except where such killing, trapping 
or snaring may be for the protection of pri- 
vate or public property. Section 2553. (17 
G. A., ch. 156. Sec. 4.) 36 G. A., Sec. 2553. 

Sec 23. Prohibiting the sale of game Unlawful to 
I.- J ■ r 1 11 , , r 1 r Sell, dead or 

birds, it shall be unlawful for any person, alive, gam© or 

firm or corporation to buy or sell, dead or ^"^™* ^ 

alive, any of the birds, game or animals 

named in this chapter, and it shall be unlaw- 

fol to have the same in possession during 

the period when the killing of such birds, 

game or animals is prohibited, except during 

the first five days of such prohibited period; Possession 

, ^, . , r unlawful five 

and the possession by any person, firm or days after 

corporation of any of such birds, game or closed season 
animals during such prohibited period, ex- 
cept during the first five days thereof shall 
be presumptive evidence of the violation of 
this chapter relating to game and he or they 
shall be held to be guilty of a misdemeanor 
and shall be punished as provided for in 
section twenty-five hundred fifty-six (2556) 
of the supplement to the code. 1907. Sec- 
tion 2554. (33 G. A., ch. 153, Sec. 6.) 36 
G. A., Sec. 3554. 

Sec. 24. Shipping game birds or animals. Shipping 

* • , ,, game buds or 

No person, company or corporation shall at animals 

any time ship, take or carry out of this State Sstate"' °'^' 

any of the birds or animals named in this 

chapter. No person, firm or corporation 



28 



Iowa Fish and Game Laws 



Shipment 
unlawful by 
affidavit 



Penalty 



shall at any time ship to any person, firm or 
corporation within this State any of the 
birds or animals named in this chapter, ex- 
cept in' strict compliance with the following 
provisions. It shall be lawful for any per- 
son to ship to any person within this State 
any game birds named, not to exceed one 
dozen in any one day, during the period 
when the killing of such birds is not prohib- 
ited; but before such shipment is made he 
shall first make an affidavit before some per- 
son authorized to administer oaths, that 
said birds have not been unlawfully killed, 
bought, sold, or had in possession, are not 
being shipped for sale or profit, giving the 
name and postoffice address of the person to 
whom shipped, and the number of birds to 
be so shipped. A copy of such affidavit, en- 
dorsed "a true copy of the original" by the 
person administering the oath, shall be fur- 
nished by him to the affiant, who shall de- 
liver the same to the railroad agent or com- 
mon carrier receiving such birds for trans- 
portation, and the same shall operate as a 
release to such carrier or agent from any 
liability in the shipment or carrying of such 
birds. The original affidavit shall be re- 
tained by the officer taking the same, and 
may be used as evidence in any prosecution 
for violation of the sections of this chapter 
relating to game. Any person who shall 
ship more than one dozen of the birds 
named in this chapter in any one day, or any 
person shipping any of the birds named in 
this chapter without first complying with the 
provisions of this section, or any person, 
firm or corporation violating any of the pro- 
visions of this section at any time, shall be 



Iowa Fish and Game Laws ' 

held to be guilty of a misdemeanor and shall 
be punished as provided for in section twen- 
ty-five hundred fifty-six (2556) of the sup- 
plement to the code, 1907. Provided, how- 
ever, that it shall be lawful to have in pos- 
session game lawfully taken outside this 
state and lawfully brought into this state, 
but the burden shall rest upon the person in 
possession to establish the fact that such 
game so shipped into the state was lawfully 
killed and lawfully shipped into this state. 
Section 2555. (17 G. A., ch. 156, Sec. 6; 33 
G. A., ch. 153, Sec. 7.) 36 G. A., Sec. 2555. 

Sec. 25. Penalty. If any person shall use Penalty 
any device, kill, trap, ensnare, buy, sell, ship, 
or have in his possession, or ship, take or 
carry out of the State, or ship within the 
State, contrary to the provisions of this 
chapter, any of the birds or animals named 
or referred to herein, or shall wilfully de- 
stroy any eggs or nests of the birds named 
or referred to in the preceding sections, he 
shall be guilty of a misdemeanor and be 
punished by a fine of ten dollars for each 
bird, beaver, mink, otter, muskrat, or other 
animals named or referred to in this chap- 
ter, and ten dollars for each nest and the 
eggs therein, so killed, trapped, ensnared, 
bought, sold, shipped, had in possession, de- 
stroyed, or shipped, taken or carried out of 
the State or shipped within this State con- 
trary to law, and shall stand committed to 
the county jail for thirty days unless such 
fine and costs of prosecution are sooner 
paid. Section 2556. (17 G. A., ch. 156, Sec 
7; 29 G. A., ch. 103, Sec. 8; 33 G. A., ch. 153. 
Sec. 8.) 36 G A., Sec. 2556. 

Sec. 26. Receiving for transportation. It 



30 



Iowa Fish and Game Laws 



Receiving for 
transportation 



Wkat guns are 
lawful 



Prosecution, 
how made 



any railway or express company, or other 
common carrier, or any of their agents or 
servants, receive any of the fish, birds or 
animals mentioned or referred to in this 
chapter, for transportation or other pur- 
poses, during the period hereinbefore lim- 
ited and prohibited, or at any other time ex- 
cept in the manner provided in this chapter, 
he or it shall be punished by a fine of not 
less than one hundred nor more than three 
hundred dollars, or by imprisonment in the 
county jail for thirty days, or by both such 
fine and imprisonment. Section 2557. 

Sec. 27. Using swivel-gun or poison. If 
any person shoot or kill any wild duck, 
goose or brant with any swivel-gun, or any 
kind of gun except such as is commonly 
shot from the shoulder, or shall use medi- 
cated or poisoned food to capture or kill 
any of the birds named in this chapter, he 
shall be fined twenty-five dollars for each 
ofifense, and shall stand committed to the 
county jail for thirty days, unless such fine 
and costs of prosecution are sooner paid. 
Section 2558. (17 G. A., ch. 156, Sec. 9.) 

Sec. 28. Prosecution. In all prosecutions 
under this chapter, any number of violations 
may be included in the information, but each 
one shall be set out in a separate count. 
Prosecutions for violations of any provisions 
of this chapter may be brought either in the 
county in which the offense was committed, 
or in any other county where the person, 
company or corporation complained of has 
had or has in his or their possession any 
fish, birds or animals named herein and 
bought, sold, caught, taken, killed, trapped 
or ensnared in violation hereof. When re- 



Iowa Fish and Game Laws 



31 



quested In^ the iish and game warden, the 
attorney-general shall give his opinion, in 
writing, upon all questions of law pertain- 
ing to the office of such warden. Nothing 
in this chapter shall be construed as pro- 
hibiting any person from instituting legal 
proceedings for the enforcement of any pro- 
visions hereof. Section 2559. (27 G. A., ch. 
64, Sec. 3; 17 G. A., ch. 156, Sec. 11; 33 G. A., 
ch. 153. Sec. 10.) 36 G. A., Sec. 2559. 

Sec. 29. Hunting upon cultivated or en- 
closed land. No person shall hunt with dog 
or gun upon the cultivated or enclosed lands 
of another without first obtaining permis- 
sion from the owner, occupant, or agent 
thereof. All islands in navigable streams 
bordering on the State shall be deemed en- 
closed lands without fences where the own- 
ers or lessees thereof post in plain view no- 
tices warning others not to trespass thereon. 
Any person violating the provisions of this 
section shall be punished by a fine of not 
more than ten dollars and costs of prosecu- 
tion, and shall stand committed until such 
fine and costs are paid, for each and every 
offense, but no prosecution shall be com- 
menced under this section except upon the 
information of the owner, occupant or agent 
of such cultivated or enclosed lands. Sec- 
tion 2560. (25 G. A., ch. 64, and 31 G. A., 
ch. 160.) 

Sec. 30. Protection of birds. That all 
wild birds, both resident and migratory in 
this State, shall be, and are hereby declared 
to be the property of the State. Section 
2563 J. 

Sec. 31. That no person shall, within the 
State of Iowa, kill or catch, or have in his 



Attorney- 
general 
shall give 
opinions 



Hunting 
iipon 

cultivated or 
enclosed land 
trespass 



Who may 
prosecute 



Protection of 

non-game 

birds 



32 



Iowa Fish and Game Laws 



Sale of wild 
bird 

plumage, etc. 
prohibited 



Game birds 
defined 



Destroying of ' 
eggs and nests 
of wild birds 



Shipment 
prohibited 



or her possession, living or dead, any wild 
bird other than a game bird, or purchase, 
offer or expose for sale, transport or ship 
within or without the State, any such wild 
bird after it has been killed or caught, ex- 
cept as permitted by this act. No part of 
the plumage, skin or body of any bird pro- 
tected by this section shall be sold or had 
in possession for sale, irrespective of 
whether said bird was captured or killed 
within or without the State. For the pur- 
pose of this act the following only shall be 
considered game birds: The Anatidae, com- 
monly known as swans, geese, brant and 
river and sea ducks; the Rallidae, commonly 
known as rails, coots, mud hens and galli- 
nules; the Limicolae, commonly known as 
shore birds, plovers, surf birds, snipe, wood- 
cock, sand pipers, tattlers and curlews; the 
Gallinae, commonly known as wild turkeys, 
grouse, prairie chickens, pheasants, part- 
ridges and quails. All other species of wild 
birds, either resident or migratory, shall be 
considered non-game birds. Section 2563 K. 

Sec. Z2. That no person shall, within the 
State of Iowa, take or needlessly destroy or 
attempt to take or destroy the nest or the 
eggs of any wild birds or have such nest in 
Iiis or her possession, except as permitted by 
this act. Section 2563 L. 

Sec. ?so. That no person or persons, or 
any corporation acting as a common carrier, 
its officers, agents or servants, shall ship, 
carry, take or transport, either within or be- 
yond the confines of the State, any resident 
or migratory wild non-game bird, except as 
permitted by this act. Section 2563 M. 

Sec. 34. That Sections 2. 3. 4 and 10 of 



Iowa Fish and Game Laws 33 

this act shall not apply to any person hold- 
ing a certificate giving the right to take 
birds, their nests or eggs for scientific pur- 
poses only, as provided in section 6 of this 
act. Section 2563 N. 

Sec. 35. That certificates may be granted ?®^'"^1^^^ 

f o issued for 

by the fish and game warden of the State to scientific 

any properly accredited persons of the age ^nly'"^^^ 
of fifteen years or upward, permitting the 
holder thereof to collect birds, their nests or 
eggs for scientific purposes only. The ap- 
plicant for the same must present to said 
officer written testimonials from two well- 
known ornithologists who must be residents 
of Iowa, certifying to the good character 
and fitness of said applicant to be entrusted 
with such privilege; and must pay said Fees 
officer one dollar to defray the necessary 
erpenses attending the granting of such cer- 
tificate. On proof that the holder of such 
certificate has killed any bird, or taken the 
nests or eggs of any bird for other than 
strictly scientific purposes, his certificate 
shall become void, and he shall be liable to 
a fine of one hundred dollars, or imprison- 
ment of thirty days, or both, at the discre- 
tion of the court. Section 2563 O. 

Sec. 36. That the certificates authorized 
by section 6 of this act shall expire on the 
thirty- first day of December of the j'^ear is- 
sued, and shall not be transferable. Section 
2563 P. 

Sec. Zl. That the English, or European ^""^^l^H 
house sparrow, great horned owl, sharp 
shinned hawk. Cooper's hawk and black- 
birds and crows are not included among the 
birds protected by this act. Section 2563 Q. 

Sec. Z%. That nothing in this act shall Domestic pets 



Iowa Fish and Game Laws 



Parrots and 
canaries 



Penalty 



May appoint 
deputies 



Per diem 
expenses 



prevent a citizen of Iowa from taking or 
keeping any wild non-game bird in a cage 
as a domestic pet, provided that such bird 
shall not be sold, or exchanged, or offered 
for sale or exchange, or transported out of 
the State, and provided, further, that this 
act shall not be construed to forbid the sell- 
ing or shipping of parrots, canaries, or any 
other cage birds, which are imported from 
.other countries, or not native to any part of 
the United States. Section 2563 R. 

Sec. 39. That any person who violates 
any of the provisions of this act shall be 
guilty of a misdemeanor, and shall be liable 
to a fine of five dollars for each oft'ense, and 
an additional fine or five dollars for each 
bird, living or dead, or part of bird, or nest, 
or set of eggs, or part thereof, possessed in 
violation of this act, or to imprisonment for 
thirty days, or both, at the discretion of the 
court. Section 2563 S. 

Sec. 40. All acts or parts of acts hereto- 
fore passed inconsistent with or contrary to 
the provisions of this act are hereby re- 
pealed. Section 2563 T. (31 G. A., ch. 108.) 

Sec. 41. Deputy fish and game wardens. 
The fish and game warden may appoint 
three assistant fish and game wardens, who 
shall receive a salary of twelve hundred 
($1,200.00) dollars per year, and such num- 
ber of deputies as he may deem necessary, 
who shall receive a compensation of two 
dollars and fifty cents ($2.50) per diem and 
actual expenses for the time and money ac- 
tually employed and expended by them in 
the enforcement of the provisions of this act. 

Such deputy wardens shall act under the 
advice and direction of the fish and game , 



Iowa Fish and Game Laws 



35 



warden, and perform such duties in relation 
to their offices as may be required of them 
and submit under oath, itemized statements 
of their per diem and expenses as aforesaid; 
and shall have full power and authority to 
serve and execute all warrants and process 
of law issued by any court, in enforcing the 
provisions of this act or any other law of 
this State relating to the propagation, pres- 
ervation and protection of fish, game and 
birds, in the same manner as any constable 
or sheriff may serve and execute the same 
and receive the same fee therefor, and for 
the purpose of enforcing the provisions of 
this act they may call to their aid any sher- 
iff, deputy sheriff, constable or police officer 
or any other person, and it shall be the duty 
of all sheriffs, deputy sheriffs, constables and 
police officers and other persons when called 
upon to enforce and aid in enforcing the 
provisions of this act. All deputy wardens 
shall have power to arrest without warrant 
any person or persons found in the act of 
violating any law enacted for the purpose of 
propagation and protection of fish, game 
and birds. All deputy wardens shall give 
bonds conditioned for the faithful perform- 
ance of their duties, in such amounts as may 
be fixed by the State executive council. 
Section 2562. {33 G. A., ch. 153. Sec. 9; 35 
G. A., ch. 203.) 36 G. A., Sec. 2562. 

Sec. 42. Fish commissioner. The office of 
fish commissioner is hereby abolished and 
the .present fish commissioner shall be fish 
and game warden. Section 2563. 

Sec. 44. No person shall hunt, pursue, kill 
or take any wild animal, bird or game in this 
State, with a gun or trap fur-bearing ani- 



Deputies have 
power to 
serve and 
execute 
warrants 



Can call on 
sheriff and 
other officers 



Shall give 
bonds 



Resident ar.d 
non-resident 
hunting license 
required 



36 



Iowa Fish and Game Laws 



Age limit 



Warden shall 
furnish 
applications 
and licenses to 
County- 
Auditors 



License 
obtained 
from county- 
auditor 



mals or game without lirst procuring a li- 
cense as herein provided. (Ibid Sec. 3.) 
36 G. A., Sec. 2563-al. 

Sec. 45. No license shall be granted any 
person under eighteen 3^ears of age unless 
the written consent of parents or guardian 
is attached to the application (Ibid Sec. 3.) 

Sec. 46. The State fish and game warden 
shall furnish county auditors with applica- 
tion blanks for a license and license blanks. 
These blanks shall provide for the insertion 
of the name, age, sex, and place of residence 
of the applicant and of the licensee. The 
license shall authorize its holder to hunt in 
accordance with the provisions of this act 
in any county of the State, but not on en- 
closed or cultivated lands without permis- 
sion of the owner, or the tenant or upon 
any public highway; and shall bear a fac- 
simile signature of the State fish and game 
warden and the seal and signature of the 
county auditor in which it is issued. (Ibid 
Sec. 4.) 

Sec. 47. An applicant for a license shall 
fill out an authorized application blank and 
subscribe and swear to it before the county 
auditor, or a notary or justice of the peace 
before the license is issued; the applicant, if 
a resident of the State of Iowa, and not a 
resident alien, shall pay the county auditor 
the sum of one dollar ($1.00) as a license fee, 
and if a non-resident of the State of Iowa, or 
a resident alien, shall po-y him the sum of ten 
dollars ($10.00) as a license fee. These fees 
the county auditor shall pay at the end of 
each month to the State treasurer, who shall 
place them to the credit of a fund known as 



Iowa Fish and Game Laws 37 

the fish and game protection fund. (Ibid 
Sec. 5.) 36 G. A.. Sec. 2563-a4. 

Sec. 48. A non-resident holding a valid Non-resident's 
, . 1 o privilege 

license may take from the State not to ex- 
ceed twenty-five (25) game birds or ani- 
mals, provided they are so carried as to be 
readily inspected and his license is shown on 
request. (Ibid Sec. 6.) 

Sec. 49. The State fish and game protec- How funds 
.,,,,, , - , . shall be used 

tion fund shall be used for the payment of 

the expenditures made necessary under the 
provisions of section 2539 of the Code, for 
the traveling, contingent and office expenses 
of the warden; for deputy wardens' salaries 
and expenses; for the protection and propa- 
gation of fish and game; for gathering and 
distributing fish in the public waters of the 
State; for the care and preservation of the 
lakes of the State; for the expenditures made 
necessary under the operation or enforce- 
ment of this statute or any other laws en- 
acted affecting the fish and game service; and 
shall be paid out only on verified vouchers 
approved by the executife council. (Ibid Sec. 
7.) 

Sec. 50. The county auditor shall keep a County auditor 

to keeo 
record of the licenses he issues which shall record' 

show the date of issue, the name and address 
of the person to whom issued, and the date 
of revocation, if revoked. (Ibid Sec. 8.) 

Sec. 51. The license shall be signed by 
the licensee in ink, and shall entitle the per- 
son to whom issued to hunt, pursue and kill 
wild animals, birds or game within the State 
at any time when it shall be lawful to hunt, 
pursue and kill .^uch wild animals, birds or 
game, but it shall not entitle the person to 
wliom issued, to hunt, pursue or kill wild" 



38 



Iowa Fish and Game Laws 



Must have 
license in 
possession 
while hunting 



Owners 
tenants' 
privileges 



Penalty 



and 



Licens« may 
be revoked 



animals, birds or game in this State without 
being prepared at the time of so doing to 
exhibit it for inspection and permitting it, on 
demand, to be examined by any person. All 
licenses shall be void after the first day of 
July next succeeding issuance. Provided, 
however, that owners of farm lands, their 
children and tenants, shall have the right, 
without procuring a license, to hunt and kill 
wild animals, birds or game upon the lands 
owned or occupied by them. Any person 
found guilty of violating any of the pro- 
visions of this section shall be deemed guilty 
of a misdemeanor, and upon conviction 
thereof shall be fined in any sum not less 
than twenty-five dollars ($25.00) or more 
than fifty dollars ($50.00) for each ofifense, 
and shall stand committed to the county 
jail until such costs and fines are paid, but 
such imprisonment shall not exceed thirty 
days for each offense. Any person who 
shall alter or change a license in any ma- 
terial manner shall be deemed guilty of for- 
gery, and upon conviction thereof shall be 
subject to the penalties provided for the 
commission of forgery. Any person who 
uses or attempts to use the license of an- 
other, or altered license, shall be guilty of 
a midsemeanor, and upon conviction shall 
be fined not less than twenty-five dollars 
($25.00) nor more than fifty dollars ($50.00) 
for each offense, and shall stand committed 
to the county jail until such fine and costs 
are paid, but such imprisonment shall not 
exceed thirty days for each offense. (Ibid 
Sec. 9.) 

Sec. 52. A license in the possession of any 
person other than to whom first issued, and 



Iowa Fish and Game Laws 3^ 

on complaint, the license of any person 

hunting on enclosed or cultivated lands. 

without permission of the owner or tenant, 

may be revoked by the county auditor. 

(Ibid Sec. 10.) 

Sec. 53. Possession of a gun in the fields License must 

. , ^ be exhibited 

or forests or on the waters of the State, or 

upon the ice of the same; and a failure to 
display a license when it is demanded by 
any person, shall be, except in the case of 
the owner or tenant, prima facie evidence 
of a violation of the provisions of this act. 
(Ibid Sec. 11.) 

Sec. 55. All acts and parts of acts incon- 
sistent with this act are hereby repealed. 
(Ibid Sec. 13.) 

Sec. 56. Using birds for target. Any per- Unlawful to 

, , ... J. , use any live 

son who keeps or uses a live pigeon, fowl bird for the 

or other bird for the purpose of a target or f^i-^e^^® °^ ^ 
to be shot at either for amusement or as a 
test of skill in marksmanship, or shoots at 
a bird kept or used as aforesaid, or is a party 
to such shooting, or leases any building, 
room, field, or premises, or knowingly per- 
mits the use thereof, for the purpose of 
such shooting, shall, upon conviction there- 
of, be fined not less than ten dollars nor 
more than one hondred dollars or impris- 
oned in the county jail not exceeding thirty 
days. Nothing in this act shall apply to the 
shooting of wild game. Section 2563 1. (30 
G. A., ch. 96. Sec. 1.) 

Sec. 57. Pheasants protected. No person imported 
shall trap, shoot, kill or take in any manner, pheasants 
any Mongolian. Ring Neck, English or Chi- Protected 
nese pheasants, Hungarian partridge or 
other imported game birds in this State prior 



40 



Iowa Fish and Game Laws 



Exceptions 

prior 

to April 15, 

1911 



Title of all 
wild game, 
animals, or 
fish, in the 
State of Iowa 



to the first day of October, A D. 1917. Sec- 
tion 2563-u. 36 G. A. 

Sec. 58. Any person violating tlie provis- 
ions of this act shall, upon conviction there- 
of, be fined not to exceed one hundred dol- 
lars or imprisonment in the county jail not 
to exceed thirty days. Section 2563 U 2. (32 
G. A., ch. 134, Sees. 1. 2.) 

Sec 59. The ownership and title of all 
wild game, animals and birds, found in the 
State of Iowa, except deer in parks and pub- 
lic and private preserves, the ownership of 
which has been acquired prior to taking ef- 
fect of this act, and all fish in any of the pub- 
lic waters of the State, including all ponds, 
sloughs, bayous or other waters adjacent to 
any public water, which ponds, sloughs, 
bayous and other waters are stocked with 
fish by overflow of public waters, is hereby 
declared to- be in the State, and no wild 
game, animals, birds or fish shall be taken, 
•killed, or caught in any manner at any time, 
or had in possession, except the person so 
catching, taking, killing, or having in pos- 
session, shall consent that the title to said 
wild game, animals, birds, or fish, shall be 
and remain in the State of Iowa for the pur- 
pose of regulating and controlling the use 
and disposition of the same after such catch- 
ing, taking, or killing. (34 G. A., ch. 118, 
Sec. 1.) Z6 G. A., 2562 b. 

Any person desiring to engage in the busi- 
ness of raising and selling pheasants, wild 
duck, wood duck, quail and other game lairds, 
or any of them, in a wholly enclosed pre- 
serve or enclosure, of which he is the owner 
or lessee, may make application in writin;^ 
to the State fish and game warden for a 



Iowa Fish and Game Laws ^1 

license so to do. That State fish and game 
, warden, when it shall appear that such ap- 
plication is made in good faith, shall upon 
the payment of an annual fee of two dol- 
! lars, issue to such applicant a breeder's li-. 
cense permitting such applicant to breed and 
raise the above described game birds, or 
other game birds, or any of them, on such 
preserve or enclosure; and to sell the same 
aliv^ at any time for breeding or stocking 
purposes; and to kill and use same; or sell 
same for food. Such license must be re- 
newed annually upon the payment of the fee 
as hereinbefore set forth, and the posses- 
sion of such license shall exempt the license 
holder from the penalties of this chapter for 
killing, having in possession, or selling the 
game birds, or any of them set forth in this 
section; provided that said birds have been 
bred and raised upon the said preserve, or 
within said enclosure, by the license holder, 
|or secured by him by purchase from with- 
out the State of Iowa. (36 G. A., Sec. 2562-b. 
Sec. 60. The catching, taking, killing, or 
iiaving in possession, wild game, animals, 
Dirds, or fish at any time, or in any manner, 
Df by an)'- person, except as provided in sec- 
;ion 1 hereof, shall be deemed a consent of 
5aid person that the title of the State shall 
)e and remain in the State for said purpose 
)f regulating the use and disposition of the 
;ame and said possession shall be consent 
o such title in the State. (34 G. A., ch. 118, 
5ec. 2.) 

Sec. 61. When it shall become necessary Warden may 
n the opinion of the State game warden or captur'e 

lis deputies, to kill or capture any deer now ^®®F ^"^^ 

, .,.^,. ^-^ ,,, distribute 

unnmg at large withm this State, it shall same 



42 Iowa Fish and Game Laws 

be done under the authority and direction of 
the State fish and game warden, who shall 
distribute such deer so killed or captured 
within this State, and the expense of said 
killing or capture and distribution shall be 
paid by the person receiving such deer. (35 
G. A., ch. 206. Sec. 1.) 



THE LACEY BIRD LAW 

An act to enlarge the powers of the department of agri- 
culture, prohibit the transportation by interstate com- 
merce of game killed in violation of local laws and 
for other purposes. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress as- 
sembled, That the duties and powers of the department 
of agriculture are hereby enlarged so as to include the 
preservation, distribution, introduction and restoration 
of game birds and other wild birds. The secretary of 
agriculture is hereby authorized to adopt such measures 
as may be necessary to carry out the purposes of this 
act and to purchase such game birds and other wild 
birds as may be required therefor, subject, however, to 
the laws of the various States and Territories. The ob- 
ject and purpose of this act is to aid in the restoration 
of such birds in those parts of the United States adapted 
thereto, where the same have become scarce or extinct, 
and also to regulate the introduction of American or 
foreign birds or animals in localities where they have 
not heretofore existed. 

The secretary of agriculture shall from time to time 
collect and publish useful information as to the propa- 
gation, uses and preservation of such birds. 

And the secretary of agriculture shall make and pub- 
lish all needful rules and regulations for carrying out 
the purposes of this act, and shall expend for said pur- 
poses such sums as congress may appropriate therefor. 
Sec. 2. That it shall be unlawful for any person or 
persons to import into the United States any foreign 
wild animal or bird except under the special permit from 
the United States department of agriculture; provided 
that nothing in this section shall restrict the importation 
of natural history specimens for museums or scientific 
collections, or the importation of certain cage birds, such 



44 The Lacey Bird Law 

as domesticated canaries, parrots, or such other species 
as the secretary of agricuhure may designate. 

Sec. 3. Sections 241. 242, 243, and 244 of the Criminal 
Code of the United States (35 Stat.. 1088), in effect 
January 1, 1910, are as follows: 

Sec. 241. The importation into the United States or 
any Territory or District thereof, of the mongoose, the 
so-called "tiying foxes" or fruit bats, the English spar- 
row, the starling, and such other birds and animals as 
the Secretary of Agriculture may from time to time de- 
clare to be injurious to the interests of agriculture or 
horticulture, is hereby prohibited; and all such birds 
and animals shall, upon arrival at any port of the United 
States, be destroyed or returned at the expense of the 
owner. No person shall import into the United States 
or into any Territory or District thereof, any foreign 
wild animal or bird, except under special permit from 
the Secretary of Agriculture: Provided, That nothing 
in this section shall restrict the importation of natural 
history specimens for museums or scientific collections, 
or of certain cage birds, sucl^ as domesticated canaries, 
parrots, or such other bird as the Seretary of Agricul- 
ture may designate. The Secretary of the Treasury is 
hereby authorized to make regulations for carrying into 
effect the provisions of this section. 

Sec. 242. It shall be unlawful for any person to de- 
liver to any common carrier for transportation, or for 
any common carrier to transport from any State, Terri- 
tory, or District of the United States, to any other State. 
Territory, or District thereof, an}^ foreign animals or 
lairds, the importation of which is prohibited, or the dead 
l:)odies or parts thereof of any wild animals or birds, 
where such animals or birds have been killed or shipped 
in violation of the laws of the State, Territory, or Dis- 
trict in which the same were killed, or from which they 
were shipped: Provided, That nothing herein shall pre- 
vent the transportation of any dead birds or animals 
killed during the season when the same may be lawfully 



The Lacey Bird Law 45 

captured, and the export of which is not prohibited by 
law in the State, Territory, or District in which the same 
are captured or killed: Provided further, That nothing 
herein shall prevent the importation, transportation, or 
sale of birds or bird plumage manufactured from the 
feathers of barn-yard fowls. 

Sec. 243. All packages containing the dead bodies, 
or the plumage, or parts thereof, of game animals, or 
game or other wild birds, when shipped in interstate or 
foreign commerce, shall be plainly and clearly marked, 
so that the name and address of the shipper, and the na- 
ture of the contents, may be readily ascertaind on an 
inspection of the outside of such package. 

Sec. 244. For each evasion or violation of any pro- 
vision of the three sections last preceding, the shipper 
shall be fined not more than two hundred dollars; the 
consignee kn6wingly receiving such article's so shipped 
and transported in violation of said sections shall be 
fined not more than two hundred dollars; and the carrier 
knowingly carrying or transporting the same in viola- 
tion of said sections shall be fined not more than two 
hundred dollars. 

Sec. 4. That all dead bodies, or parts thereof, of any 
foreign game animals, or game or song birds, the im- 
portation of which is prohibited, or the dead bodies or 
parts thereof, of any wild game animals, or game or 
song birds transported into any State or Territory, or 
remaining therein for use, consumption, sale or storage 
therein, shall upon arrival in such State or Territory. 
be subjected to the operation and effect of the laws of 
such State or Territory enacted in the exercise of its 
police powers, to the same extent and in the same man- 
ner as though such animals and birds had been produced 
in such State or Territory, and shall not be exempt 
therefrom by reason of being introduced therein in orig- 
inal packages or otherwise. This act shall not prevent 
the importation, transportation, or sale of birds or bird 



46 The Lacey Bird Law 

plumage manufactured from the feathers of barn-yard 
fowl. 

Approved May 25. 1900. 



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